The management of unemployment claims filed by the people of Iowa is under the responsibility of Iowa Workforce Development. (Image credit: Getty Images; logo credit: State of Iowa)
A judge has ruled that an Iowa nursing home employee, who was terminated for disregarding the pain complaints of residents as simply drug-seeking behavior, is not eligible for unemployment benefits.
According to state records, Leann McVay used to work as a state-licensed practical nurse for Care Initiatives – one of Iowa’s biggest nursing home chains. However, she was terminated from her employment on March 18 of this year owing to problems at Avoca Specialty Care, where she was stationed.
During a recent hearing, Care Initiatives presented evidence that revealed the daughter of a resident at Avoca facility had lodged a complaint with the home’s supervisor in March. The complaint was about the care provided by McVay to her mother. McVay was reportedly instructed by the supervisor to contact the resident’s doctor for guidance. However, McVay allegedly refused, stating that the resident was only seeking drugs and was not in need of medical attention. Care Initiatives has made this allegation against McVay.
According to reports, the supervisor reminded McVay that such decisions were the doctor’s responsibility, not the nurses’. The supervisor then asked if McVay had checked the resident for any signs of a yeast infection. McVay allegedly refused to conduct the assessment, stating that she was “not doing that.” Care Initiatives has confirmed these details.
After the resident’s doctor prescribed an anti-fungal medication to be given by the staff, the resident’s daughter contacted the supervisor once again, this time visibly upset and in tears. Care Initiatives claimed that the daughter mentioned how McVay was unkind and rolled her eyes when she asked about the doctor’s orders. The daughter also expressed her strong dislike for McVay and requested that she not be involved in her mother’s care in the future.
During that period, a distressed resident approached the supervisor, complaining about the care provided by McVay for her chronic pain. According to the company, the resident was in tears and agony. When asked if she had contacted the resident’s doctor regarding the pain issue, McVay responded by calling the resident a “junkie,” insinuating that the resident was only seeking access to pain medication that the doctor was unlikely to approve.
Care Initiatives reported that McVay disregarded a directive to communicate with the woman’s doctor despite the physician’s prior warning that she may require more pain medication to address a diagnosed medical issue.
According to reports, McVay eventually agreed to make the call to the doctor. However, it was alleged that upon reporting back to her supervisors, she claimed that the physician was unavailable and wouldn’t be back for several days. Furthermore, it was claimed that she didn’t try to reach out to the on-call physician who was covering for the absent doctor.
According to Care Initiatives, just days after the aforementioned incidents, McVay allegedly threw a set of tube-feeding devices at an overnight nurse at Avoca Specialty Care. The nurse had reportedly been unable to locate the items, prompting McVay to ask if she was “f—ing blind.” The nurse then reported the incident to the facility administrator.
According to state records, McVay received a reprimand in February 2024 after complaints were lodged by Atlantic Specialty Care, another Care Initiatives facility. The complaints included an accusation that McVay had occupied the director of nursing’s chair for an hour while on duty, as well as claims that she was not available to assist certified nursing assistants.
According to the company, McVay was disciplined in 2022 for various actions during the pandemic. These actions included using her cell phone during work hours, not properly wearing a protective mask while at the nurses’ station, and failing to assist aides with resident care.
Administrative Law Judge James Timberland presided over a hearing regarding McVay’s unemployment benefits after he was terminated from his job.
Following the presentation of evidence in the case, Timberland has ruled that McVay is not eligible for benefits as a result of workplace misconduct, which arose from her lack of concern for the residents and their requirements. Timberland has also instructed McVay to reimburse the $841 in benefits that she had already received.
According to records from the Iowa Board of Nursing, McVay’s nursing license is currently in good standing, and there is no history of disciplinary action taken against her by the board.
Several Iowans have had their unemployment cases resolved recently, including:
Nichole Van Houten, a former communications and events coordinator for the City of Bondurant, resigned from her position back in April. It was reported that she had posted a message on Facebook, asking her followers to provide feedback in support of her professional growth and to voice their support for the parks and recreation department – a department she was hoping to lead.
City Administrator Marketa Oliver mistakenly sent an email containing her personal notes about terminating Van Houten’s employment with the city after the post was published online. Van Houten was later informed by Oliver that she had violated policies against using social media during work hours, and was given the option to either resign or be fired. Van Houten chose to resign. Recently, an administrative law judge ruled in favor of Van Houten, stating that the city had failed to prove any workplace misconduct on her part.
Stephanie Coble-Day was the former school principal for Community Christian School of Fort Dodge. However, she was dismissed in March due to allegations of not completing multiple applications for program funding correctly, failing to report a threat of gun violence appropriately, and creating a negative work environment.
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